- Review provisions of the Fair Credit Reporting Act.
- Understand that derogatory account information eventually falls off your credit report.
- Contact the credit bureaus to dispute any inaccurate information on your credit report.
BILL'S ANSWER
Federal law (US Code Title 15, §1681c) controls the behavior of credit reporting agencies. This law is known as the Fair Credit Reporting Act (FCRA). Under FCRA §605 (a) and (b), an account in collection will appear on a consumer's credit report for 7.5 years. The clock starts approximately 180 days after the date of first delinquency on the account. To learn when an account will be removed by the credit reporting agencies (TransUnion, Equifax, and Experian and others), add 7.5 years to the date of first delinquency. Subsequent activity, such as resolving the debt, is irrelevant to the seven-year rule. However, if the debt is a tax lien, that can appear for seven years from the date of payment. A bankruptcy will appear for ten years from the date of the final order. Delinquent federal student loans can be reported indefinitely, i.e., for as long as they are delinquent.
The rules dictating when listings must be removed from your credit report apply only to derogatory items; positive credit items, such as credit card debts which you have kept current, can remain on your credit reports indefinitely. For derogatory items, the date on which an account falls off of your credit report is calculated, customarily, as seven years from the date the debt was charged-off by the lender. The FCRA states the significant date is the date of first delinquency. The date you opened the account is irrelevant. For example, if you opened an account in 1985, and stopped making payments in 2003, then the account should fall off your credit report sometime in 2010.
The new "reported date" should not affect the date on which the account will be removed from your credit report. Again, the seven year time period runs from the date of first delinquency. If you think that any item is appearing on your credit report incorrectly, you should consider disputing the items with the major credit reporting agencies. You can read more about how to dispute inaccurate credit report items by visiting FTC.gov.
To learn more about credit, credit reports, and credit scoring, I invite you to visit the Bills.com Credit Information page.
I wish you the best of luck in your efforts to repair your credit report, and hope that the information I have provided helps you Find. Learn. Save.
Best,
Bill
Larose, LA | January 24, 2011
January 25, 2011
What can a consumer do if a collection agent or original creditor misreports a date of first delinquency? See the Bills.com article Re-Aging Debt to learn more.
Honolulu, HI | January 20, 2011
January 20, 2011
July 24, 2009
July 24, 2009
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